Junaid Malik, who claims to have served as a food volunteer during the recent student protests associated with the CJP movement in Delhi, has approached the Supreme Court alleging that he and several members of his family were subjected to unlawful detention, intimidation, and coercive police action without adherence to legal procedure.
The petition seeks urgent intervention from the apex court to restrain police authorities from taking further coercive measures against his family members and to safeguard their fundamental rights.
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Allegations of Illegal Detention
According to the petition, Malik alleges that police officials picked him up from Delhi and confined him inside a police vehicle for nearly five to six hours. During this period, he claims he was threatened, intimidated, and questioned by the officials.
The petition further states that instead of being produced before a magistrate or formally arrested, he was allegedly abandoned at a remote location along the Dehradun Road after several hours.
Malik contends that no arrest memo, detention order, or other legal documentation was provided during the alleged detention.
Alleged Action Against Family Members
Apart from his own detention, the petitioner alleges that police authorities targeted his family members through coercive measures carried out without following due process.
According to the plea:
- Police officials allegedly detained his father in Ghaziabad.
- His residence was allegedly searched without proper legal authorization or documentation.
- Police also allegedly visited the residence of his married sister in Meerut.
- The petition claims that his sister’s father-in-law and brother-in-law were taken away by police officials despite having no connection with the alleged events.
The plea asserts that none of these actions were supported by written orders, warrants, or any procedural safeguards mandated under law.
Reliefs Sought Before the Supreme Court
The petitioner has requested the Supreme Court to issue appropriate directions restraining police authorities from taking coercive action against his family members except in accordance with law.
The plea also seeks protection against alleged harassment and asks the Court to ensure that any investigation is conducted strictly in compliance with constitutional guarantees and statutory procedure.
Constitutional Concerns Raised
The petition invokes the protection of fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution, contending that arbitrary detention and coercive police action without due process violate the constitutional guarantee of personal liberty.
The petitioner further argues that investigative agencies are bound to follow the procedural safeguards prescribed under criminal law before detaining individuals or conducting searches.
Matter Before the Supreme Court
The Supreme Court is expected to consider the petition seeking protection from further coercive action. The allegations made in the petition are yet to be adjudicated, and no findings have been recorded by the Court on their merits.
The matter is likely to come up before the Court for consideration in due course.
